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Questions Answered by Nancy Hui
1 Answer | Asked in Real Estate Law for Texas on
Q: Can I file a Muniment of Title witout a Lawyer? Can you walk me though the process?
Nancy Hui
Nancy Hui answered on Feb 10, 2015

Don't think so. It is consider practice of law. If you are not a licensed attorney, you will have committed unlicensed practice of law by probating a will as muniment of title. You will need to hire an attorney to represent you.

1 Answer | Asked in Probate for Texas on
Q: When doing an I & A do you have to list cars that are in the surviving spouses name only?

Husband dies, cars in wifes name only. Do the cars have to be listed on I & A?

Nancy Hui
Nancy Hui answered on Feb 10, 2015

That depends on whether it is community property or wife's separate property. If community property then husband owns half so yes list it. If not then no need to list

1 Answer | Asked in Probate for Texas on
Q: I cannot find a deed to my grandmothers home? I have tried the County Clerk office in Marshall, TX.

My grandmother passed away in 1998 and left 7 children, with no will. My aunt lead others to believe their rights were relinquished of the home and it is now her home. I found an affidavit of heirship she filled 8yrs after my grandmothers death and she falsely notarized, or so she says, some... Read more »

Nancy Hui
Nancy Hui answered on Jan 23, 2015

Possibly. But until an attorney reviews your case, it can not be determined with certainty. You should consult with a probate attorney to go through your options.

1 Answer | Asked in Probate for Texas on
Q: are wills registered with within the county seat by the lawyers who help write it up?
Nancy Hui
Nancy Hui answered on Jan 23, 2015

There is no such a thing as registered will.

1 Answer | Asked in Probate for Texas on
Q: We been living together for 20 years he died now his daughter want everything. What are my legal rights as far as his p
Nancy Hui
Nancy Hui answered on Jan 23, 2015

You can only inherit his interests if either he left the assets to you in his will, or that you were his spouse. If you were not legally married, you can see if you can prove that you were his common law spouse. Without a will and not being a spouse, you have no right to any of his assets. Consult... Read more »

1 Answer | Asked in Probate for Texas on
Q: Who has right over my husband's life insurance and land after he passed. His kids? or I? His son is named beneficial on
Nancy Hui
Nancy Hui answered on Jan 22, 2015

Typically proceeds from life insurance policy goes to a pre-designated beneficiary. So it could have been anyone: you, his kids, neighbor, parent, friend etc. But if he did not name any beneficiaries, then it goes to his estate. If there is a will, then it will go to whoever he designated in the... Read more »

1 Answer | Asked in Probate for Texas on
Q: My step father passed away,without a will. My older brother is his bilogical son. When I was born I took his name at

birth. He was the only father I knew my whole life. Am I entitled to any of his estate? If so, what information do I need to prove this? His Estate is in Tennessee.

Nancy Hui
Nancy Hui answered on Jan 15, 2015

You should discuss your case with a Tennessee probate attorney.

1 Answer | Asked in Estate Planning for Texas on
Q: My Father passed away in October and left no will. My Dad refinanced the property and my Moms name is not on the deed

What or who does she need to see to fix this issue.

Nancy Hui
Nancy Hui answered on Jan 15, 2015

I supposed when you said "Fix the issue" you mean to have the house passed down to your mother. You should contact a probate attorney to discuss how to settle his estate. There are different ways of handling it depending on the situation. Obviously internet is not the forum to discuss... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: can my father's wife sell joint property he died without a will
Nancy Hui
Nancy Hui answered on Jan 13, 2015

She (or you) will need to initiate some sort of probate proceedings to settle his estate before any assets can be sold. The exact nature of the proceeding will depend on the type of assets (e.g. separate, marital, real or person, if there is any right of survivorship etc), family situation and... Read more »

1 Answer | Asked in Probate for Texas on
Q: My Ex-husband died in AR. the Estates in Probate. I live in TX, can my TX attorney represent me?

In our Divorce degree I was left the house & land after he no longer needed or wanted it. My ex husbands children from previous relationships are fighting this. I have an attorney here in Dallas & was wondering if he could represent me & my interests if Probate is in AR. I don't... Read more »

Nancy Hui
Nancy Hui answered on Jan 13, 2015

Unless your Texas attorney is also licensed in AR, he may not represent you in the probate proceeding in AR. You can ask him for recommendation for an AR probate attorney.

1 Answer | Asked in Elder Law for Texas on
Q: If my brother has Power of Attorney for my mother but I am her legal guardian, can I overrule his financial decisons?

She gave him POA several years ago, but I am designated Guardian in Advance of Need. She has advanced dementia and he is writing himself checks from her account.

Nancy Hui
Nancy Hui answered on Jan 12, 2015

You said you are "designated guardian in advance of need". You did not say that you have been appointed by the court as her guardian. There is a big difference. A designation of guardian is just something to indicate whom your mother's preference wants to be her guardian should the... Read more »

1 Answer | Asked in Family Law for Texas on
Q: I bought a house myself prior to marriage. Will this house automatically become my spouses after ten yrs of marriage?

Would my spouse be able to take the house away after 10 yrs of marriage if i bought prior to our marriage and its still in my old name?

Nancy Hui
Nancy Hui answered on Jan 11, 2015

The house is your personal property. Your spouse will not have any ownership in it regardless of how long you have been married. However, if you use any of the community fund to pay for, e.g. mortgage, taxes or repairs etc, your spouse may have a claim for her share of the community fund that was... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: My grandmother died, and the will was never probated. The house/land are just sitting. Can I take Ownership?

There is a house with land. Once in a blue moon someone goes out there, but it isn't being cared for (electrical problems, plumbing doesn't work, bugs, etc...). There was apparently a will, but it was never probated, even though they knew that they were supposed to do it. I love this... Read more »

Nancy Hui
Nancy Hui answered on Jan 11, 2015

If there is a will, then the will should be probated so title can pass to the beneficiary according to the will. You can't just say you want it and then it becomes yours. You need to contact a probate attorney (not real estate attorney) to start the process. The longer you wait, the bigger a... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: Who files a inventory, appraisement and list of clams in a estate with the county clerk? the Admin or a lawyer?
Nancy Hui
Nancy Hui answered on Jan 9, 2015

Both will be involved. The attorney will counsel the administrator/executor on how to prepare them. But the information will have to be provided by the administrator/executor.

1 Answer | Asked in Real Estate Law for Texas on
Q: 4 siblings own 25% of grandfathers properties and 2 people want to sell, what can my dad do to not sell?

My dad and his siblings own 31+ acres of land and a home in East Austin. A developer wants to purchase the home for 400k, but my dad doesn't want to sell. How can he keep the house. And if he buys the house, what would he have to pay?

Nancy Hui
Nancy Hui answered on Jan 7, 2015

He can offer to buy out the other 3 siblings shares. Otherwise the siblings can go to court and ask for a force sale. As for what price to pay, that will be something that he should negotiate with the sellers. It is not something set by the laws.

1 Answer | Asked in Real Estate Law for Texas on
Q: My MIL willed her house to my husband. He as owned it for over 20 years but never properly registered it with the county

He sold it through a notarized bill of sale. Now this person has died. Who owns this house 1) the buyers estate or 2) my husband? Also I have not signed any of the documents does this make a difference?

Nancy Hui
Nancy Hui answered on Jan 7, 2015

I can't say for sure who the true owner of the property is without looking at all the documents. You should contact an attorney to discuss the case. As for whether your signature is needed to sell the property, a short answer is no because inherited assets are personal properties (instead of... Read more »

1 Answer | Asked in Probate for Texas on
Q: Intestate estate and 4 siblings which one is mentally disabled. How will estste be divided in Texas
Nancy Hui
Nancy Hui answered on Jan 5, 2015

It depends on whether the deceased was married, has children, if parents still alive, and whether the assets are separate property or community property. If you describe the family situation better I can provide more information.

1 Answer | Asked in Estate Planning for Texas on
Q: My mother past away. I was left 1quarter of the estate . The executor (my brother in law) will not talk to me. Help !!!
Nancy Hui
Nancy Hui answered on Jan 4, 2015

If you are concerned, then hire your own attorney.

1 Answer | Asked in Probate for Texas on
Q: When my mother passes she is blind, has NO assets other than SSI. What do I ask the court for if she has no will?
Nancy Hui
Nancy Hui answered on Jan 4, 2015

Not sure if I understand your question. If she has no assets, then what are you trying to do?

1 Answer | Asked in Estate Planning for Texas on
Q: What have I got to do to get willed property in my name
Nancy Hui
Nancy Hui answered on Jan 4, 2015

I would suggest you to discuss your case with a probate attorney. There are different ways to handle it depending the solvency of the estate, the nature of the property, how the will was written etc.

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